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Liability Motion to Dismiss

Kilpatrick

Georgia Passes Tort Reform

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In one of the most closely watched issues before the Georgia Legislature this year, Georgia law has been amended through two tort reform bills, Senate Bills 68 and 69. These bills will impact various aspects of Georgia’s...more

Fox Rothschild LLP

Business Court Expands Potential Duties of Landowners for Torts that Begin on Their Property, but Conclude Elsewhere

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That’s what a patron of Northlake Mall and Northlake Commons reportedly asked in an online forum about safety concerns at these Mecklenburg County shopping venues. The plaintiff in Brown v. TM Northlake Mall, LP, 2025 NCBC...more

Husch Blackwell LLP

Tort Reform in Georgia Headed to the Governor’s Desk

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The Georgia Assembly passed sweeping tort reform on Friday, March 21, 2025. Governor Brian Kemp had announced his tort reform package on January 30, 2025. The Georgia Senate subsequently passed two bills, Senate Bill 68 on...more

Lathrop GPM

North Dakota Federal Court Denies Subway’s Motion to Dismiss Franchisee Employee’s Vicarious Liability Sex Trafficking Claims

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A federal court in North Dakota recently denied a motion to dismiss vicarious liability claims against the corporate entities constituting the Subway franchise system. C.S. v. Subway Worldwide, Inc., 2025 WL 472475 (D.N.D....more

Nutter McClennen & Fish LLP

Product Liability 2024 Year in Review

Massachusetts courts issued several important product liability decisions in late 2023 and 2024. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Katten Muchin Rosenman LLP

D.C. Court Finds A Piggyback Statute Of Limitations In Segway-Crash Case

According to court filings, on October 11, 2019, a Segway struck Marilyn Kubichek and Dorothy Baldwin as they strolled along a D.C. sidewalk....more

Pierce Atwood LLP

Opioids and Common Law Liability for Indirect Economic Harm

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Earlier this month, the Law Court weighed in on a hot-button legal issue—the potential liability of opioid manufacturers for the costs of the drug epidemic. In Eastern Maine Medical Center v. Walgreen Company, the Law Court...more

Marshall Dennehey

Pennsylvania Court Strikes Plaintiff’s Strict Product Liability Claim for Failing to Obtain Defendant’s Consent or Leave of Court...

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Doe A.F. v. Lyft, Inc., No. 23-3990-KSM, 2024 WL 4479912 (E.D. Pa. Oct. 10, 2024) - The plaintiff alleged that a Lyft driver sexually assaulted her during a rideshare purchased on Lyft’s app....more

Marshall Dennehey

NJ Supreme Court Affirms Dismissal of Third-party Complaint Against Insurer. Negligence, Gross Negligence, Recklessness Claims Are...

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Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more

Davis Wright Tremaine LLP

Samuels v. Lido DAO: A Potential New Frontier for Liability in the Cryptocurrency Space

A recent order handed down by U.S. District Judge Vince Chhabria of the Northern District of California could be a new source of concern for digital asset entrepreneurs and the venture capital firms that invest in and support...more

Patton Sullivan Brodehl LLP

The “DAO Jungle” Chronicles: DAO can be Sued as a General Partnership; Token Holders Face Liability

A prior DAO Jungle Chronicles post here covered a 2023 federal District Court opinion from California’s Southern District holding that a complaint adequately alleged a DAO (in that case, bZx DAO) could be sued as a general...more

Proskauer Rose LLP

Three Point Shot - November 2024

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Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics - In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court’s grant...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Proskauer Rose LLP

Three Point Shot - June 2024

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A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

Foley & Lardner LLP

US District Court in Puerto Rico Rejects Distributor’s Efforts to Hold Wholesalers Liable for a Terminated Agreement Under Puerto...

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Share on Twitter Print Share by Email Share Back to top In Meta Med, LLC, et al., v. Insulet Corporation, et al., Lyvette Mercado Velez, a dietitian, entered into a distribution agreement with Insulet Corporation, a medical...more

Foley & Lardner LLP

Distributor’s Claims Against Manufacturer Under Puerto Rican Law Are Denied

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Lyvette Mercado Velez, a dietitian, entered into a distribution agreement with Insulet Corporation, a leading medical device manufacturer, to promote and sell diabetes treatment products and services in Puerto Rico. Shortly...more

Foley & Lardner LLP

Palkon v. Maffei: Delaware’s Warning Shot to Controlling Stockholders Seeking to Evade Fiduciary Duties by Reincorporating

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In late February, the Chancery Court denied a motion to dismiss a stockholder lawsuit against the controlling stockholder and board of directors of TripAdvisor, Inc., seeking to enjoin a reincorporation of TripAdvisor into...more

Marshall Dennehey

What a Defendant Should Do When on the Receiving End of Lawsuits From the Same Pro Se Plaintiff

Marshall Dennehey on

Kovalev v. Stepansky, DMD, et al., 2023 WL 5624181 (Pa. Super. Ct. Aug. 31, 2023) - The plaintiff filed a pro se complaint in 2017 in the Philadelphia County Court of Common Pleas against, among others, Irina Stepansky, DMD,...more

King & Spalding

Delaware Chancery Court Allows Fraudulent Transfer and Successor Liability Claims by Trade Creditor Against Secured Creditor and...

King & Spalding on

On September 5, 2023, the Delaware Chancery Court largely denied a motion dismiss a trade creditor’s successor liability and fraudulent transfer claims against the buyer of a manufacturer’s assets and the manufacturer’s...more

DarrowEverett LLP

Protect Ya Neck: The Wu-Tang Clan, Independent Contractors and the Potential Expansion of Negligent Hiring Claims

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Instead of toiling over a 130-page private placement memorandum as an attorney or reviewing payroll as the head of the family business, imagine for a moment that you are Method Man, the de-facto lyrical leader of the Wu-Tang...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Healthcare Facility’s Use of Emergency Purpose Exception

The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more

Schwabe, Williamson & Wyatt PC

‎Latest Federal Court Cases - August 2021 #2

Our Case of the Week this week is a re-write of our Case of the Week on October 5, 2020. The case involves a drug that could be used for multiple therapeutic purposes. A patent covered use of the product for a specific...more

Littler

Opening Pandora’s Box: Oregon Court of Appeals Holds That “Any Person” Can Be Held Liable Under Oregon’s Aiding and Abetting...

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On June 23, 2021, in Charlton v. Ed Staub and Sons Petroleum, Inc. and Quicksilver Contracting Company, the Oregon Court of Appeals reversed the dismissal of the plaintiff’s “aiding and abetting” discrimination and...more

Farrell Fritz, P.C.

Commercial Division Finds Allegations of Complete Control Insufficient to Support a Veil-Piercing Theory

Farrell Fritz, P.C. on

A familiar fact pattern: ParentCo is the owner and controlling shareholder of SubCo.  ParentCo completely controls SubCo.  The two companies have the same officers, issue consolidated financial returns, and the profits and...more

White and Williams LLP

Texas Federal Court Rules Amazon Can Be Sued for Defective Product

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Recently, in McMillan v. Amazon.com, Inc., No. 18-CV-2242, 2020 U.S. Dist. LEXIS 102025, the United States District Court for the Southern District of Texas ruled that Amazon.com, Inc. (Amazon) could be held liable as a...more

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